HomeMy WebLinkAboutREP PC 050 08/24/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: August 24, 1999 Re: C-47/Bill No. 15
PLACE: Councilroom
TIME: 2:20 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 15, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 47, dated December 14, 1998, regarding the
minimum yards in the agricultural and intensive agricultural districts, reports as follows:
Approved by the Planning Commission on December 3, 1998, Bill No. I S amends Chapter 25
(Zoning Code) Article 5, Sections 25-5-76 and 25-5-86, of the Hawaii County Code by deleting
the words "accessory uses such as"because reference is made to structures rather than uses; and
including minimum rear yards in addition to the minimum front and side yards for saran shade
and similar fabric shade structures, and plastic roofed and saran shade wooden or metal framed
structures. Adding the minimum rear yards would be consistent with the side and front setbacks
which ensures adequate light and air circulation between the structure and boundary lot lines.
Communication No. 47 and Bill No. 15 first surfaced at the March 5, 1999, Planning Committee
meeting but were deferred until March 16, 1999, so a workshop could be held on Bill 250,
Draft 4, and Bi11250, Draft 9, otherwise known as the Zoning Code. On March 16, 1999,
Communication No. 47 and Bill No. 15 were again deferred until the re-adoption of the Zoning
Code. On August 10, 1999, the communication and the bill were agendized again, but due to
time constraints, were deferred once more.
At today's meeting, Committee Member Curtis Tyler proposed to eliminate the word
"accessory" and retain "uses such as", but after some consideration, Committee Member
Aaron Chung mentioned there must have been a reason for the choice of words "accessory use".
He also stated that if the word "accessory" were to be removed, the remaining sentence would be
redundant; however, if it was meant to be "accessory uses such as saran shade" then it made
more sense. Your Chair then read the definition of "accessory use" as defined in the Zoning
Code as "a use which is customarily associated with and subordinate to the main or principal use
and which is located on the same building site as the main or principal use."
Mr. Chung then stated that the phrase could either be omitted or retained in its entirety, but to
simply remove the word "accessory" would not be prudent. In order not to prolong the
discussion due to time constraints, Your Committee, after further discussion, opted to retain the
original language, but left Committee members with the option to amend it further at Council
level if they so desired. The amendment to insert the word "rear" was approved by Your
Committee.
PC-50
PC-50 Page 2 August 24, 1999
Further discussion ensued when Committee Member Tyler mentioned Charles Hanson's
circulated communication, in which Mr. Hanson recommends the use of the term "shade cloth"
instead of "saran". Your Committee will look into this concern a bit further and report the
findings at the next Council meeting.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration regazding the minimum yards in agricultural and
intensive agricultural districts.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 15, as amended
to Bill No. 15, Draft 2, and recommends it pass first re(ading.
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AYES NOES A & E EX
LEITHEAD-TODD X
TYLER x Respectfully submitted,
CHUNG X -
ELARIONOFF x COMMITTEE O PLA G
JACOBSON X ~7,~
PISICCHIO X ,~u~f'C.f' ~
SMITH X CHAIR
YAGONG x BO JEAN LEITHEAD-TODD,
ARAKAKI E.G.M. PC REPORT NO. 50
ADOPTED: ~p n 4 1499